During the 2011 Legislative Session the House Health Care Committee introduced House Bill 2013, which creates a Board of Body Art Practitioners (Board) within the Oregon Health Licensing Agency (Agency), beginning January 1, 2012.

House Bill 2013 essentntially abolishes the Advisory Council for Electrologists, Permanent Color Technicians and Tattoo Artists and transfers duties of the council to the Oregon Health Licensing Agency. This bill creates a seven-member board including one licensed electrologist, two licensed tattoo artists, two members licensed to perform body piercing, dermal implanting or scarification, one licensed physician and one public member.

Currently the Oregon Health Licensing Agency is working with the Governor's Office, Executive Appointments to recruit diverse and qualified individuals to serve on the new board. See below for board member appointment process.

To address industry concerns and elicit feedback and interaction, OHLA launched a Body Art Emphasis Program aimed at getting information into the hands of stakeholders.

OHLA inspectors are visiting all state licensed body piercing facilities in the last three months of 2011 to provide information on the new body art board and to explain new education requirements.

Inspectors are also surveying practitioners regarding body art procedures to assist OHLA and the new board in making informed decisons regarding the practice of body art.

Administrative Rules

Board of Body Art Sub-CommitteeSince the new board will not be operational until 2012, OHLA established the Body Art Practitioners Sub-Committee to ensure a good balance of experts are available for consultation regarding body art during the administrative rulemaking process.

The sub-committee has met several times to discuss and make recommendations. Below is a list of meeting dates and technical experts who have served on each sub-committee. Reports and meeting materials will be posted to the meetings Web page upon completion.

The administrative rule process is designed to give interested parties the opportunity to make comments regarding the proposed administrative rules. Proposed administrative rules are not set in stone, and therefore not final or permanent until all public comment has been considered.

The Oregon Health Licensing Agency began the administative rulemaking process in July 2011, for the Board of Body Art Practitioners. Notice of Proposed Administrative Rules Hearing was filed with the Secretary of States Office and posted in the November 2011 Oregon Bulletin.

The public comment began on November 1, 2011 and ends December 1, 2011. OHLA will hold a Public Hearing on December 1, 2011 at 9 am at the ODVA Auditorium, 700 Summer St NE, Salem OR 97301. The hearing allows interested parties an opportunity to present oral testimony to a hearings officer.

The agency is scheduled to adopt permanent administrative rules making them effective on January 1, 2012. Rules Schedule

Date

Action

Time

August 19, 2011

Body Art Practitioner Sub-Committee

9 am

September 9, 2011

Body Art Practitioner Sub-Committee

9 am

September 23, 2011

Regular Council Meeting

10 am

September 30, 2011

Body Art Practitioner Sub-Committee

9 am

October 3, 2011

Body Art Practitioner Sub-Committee

9 am

October 10, 2011

Council Meeting CC– recommend approval of proposed rules

noon

October 21, 2011

Body Art Practitioner Sub-Committee

9 am

November 1, 2011

Publish proposed rules in the Oregon Bulletin

November 28, 2011

Last day for public comment

December 1, 2011

Public administrative rule hearing

9 am

December 6, 2011

Body Art Practitioner Sub-Committee – consider comment

9 am

December 7, 2011

Oregon Medical Board, Administrative Affairs Committee

5 pm

December 16, 2011

Council Meeting – recommend permanent rule adoption

9 am

January 1, 2012

Permanent administrative rules

9 am

Oregon Medical Board Consultation

In HB 2013 the legislature specifically designated “genital piercings” and “dermal implants” as practices which require consideration and recommendations from the Oregon Medical Board (OMB) before OHLA adopts rules regulating those practices. It also allows the agency to consult on other practices prior to rulemaking.

The agency has requested a response from the OMB on the body art issues and questions relating to dermal implants, scarification, genital piercings, single point piercings (anchor or microdermals), cheek piercings, corset piercings, nape piercings and uvula piercings by June 1, 2012. OHLA will consider the recommendations made from OMB and proceed with appropriate action.

Important: Licensure to perform these practices and procedures will not be available until consultation with the OMB is complete. Individuals performing these services as of January 1, 2012, may be cited.

Board Membership

The new board will be comprised of seven members including:

One licensed electrologist;

Two licensed tattoo artists;

Two members licensed to perform body piercing, dermal implanting or scarification;